Appeal No. 1997-3134
Application 08/434,163
provide a write operation or a read operation to read in diagnostic instructions into a microprocessor.
Upon a careful review of Swoboda, we find that Swoboda teaches an emulation device including a
serial scan testing interface. We find that Swoboda fails to teach or suggest a write operation or a read
operation causing data to be read into or written out of control registers of a microprocessor for
diagnostic testing.
The Federal Circuit states that "[t]he mere fact that the prior art may be modified in the manner
suggested by the Examiner does not make the modification obvious unless the prior art suggested the
desirability of the modification." In re Fritch, 972 F.2d 1260, 1266 n.14, 23 USPQ2d 1780, 1783-
84 n.14 (Fed. Cir. 1992) citing In re Gordon, 733 F.2d 900, 902, 221 USPQ 1125, 1127 (Fed.
Cir. 1984).
Upon our review of Andrews and Swoboda we find that the references fail to suggest any
desirability of modifying the Andrews static current testing device to provide a microprocessor having
external diagnostic access by having a read operation and a write operation in which the control
registers of the microprocessor art can be accessed externally as recited in Appellants' claims.
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